Pope Francis’s Statement Endorsing Same-Sex Civil Unions Undermines the Moral Legitimacy and Legal Arguments in Fulton v. City of Philadelphia

DAVID S. KEMP, CHARLES E. BINKLEY

David S. Kemp, a professor at Berkeley Law, and Charles E. Binkley, MD, the director of bioethics at Santa Clara University’s Markkula Center for Applied Ethics, consider the implications of Pope Francis’s recently revealed statement endorsing same-sex civil unions as they pertain to a case currently before the U.S. Supreme Court. Kemp and Binkley argue that the Pope’s statement undermines the moral legitimacy of the Catholic organization’s position and casts a shadow on the premise of its legal arguments.

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Stigma and the Oral Argument in Fulton v. City of Philadelphia

LESLIE C. GRIFFIN

UNLV Boyd School of Law professor Leslie C. Griffin explains why stigma is a central concept that came up during oral argument before the Supreme Court in Fulton v. City of Philadelphia. Griffin points out that some religions have long supported racial discrimination, citing their religious texts, but courts prohibited such discrimination, even by religious entities. Griffin argues that just as religious organizations should not enjoy religious freedom to stigmatize people of color, so they should not be able to discriminate—and thus stigmatize—people based on sexual orientation.

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Jones v. Professional Background Screening Ass'n

Citation: 2020 Ark. 362

Opinion Date: November 5, 2020

Judge: Hudson

Areas of Law: Criminal Law, Labor & Employment Law

The Supreme Court affirmed the order of the circuit court granting summary judgment to Professional Background Screening Association, Inc. (PBSA) on PBSA's claim pursuant to the Arkansas Freedom of Information Act (FOIA) and partial summary judgment to Jennifer Jones, the Clerk of the District Court of Benton County, Arkansas, Bentonville Division, holding that the circuit court did not err. PBSA, a nonprofit trade association, filed a complaint against Jones alleging that Jones erred in applying Arkansas Supreme Court Administrative Order Number 19 to PBSA members who request court records to perform background checks in a manner that violated their right to access court records and, instead, PBSA members' requests for court records are governed by the Arkansas Freedom of Information Act. The circuit court granted partial summary judgment in favor of PBSA on its FOIA claim and granted Jones's motion for summary judgment on PBSA's claims alleging that Order 19, as applied by Jones, violated PBSA members' right to access court records under the First Amendment and/or federal common law. The Supreme Court affirmed, holding that the circuit court did not err.

Clowers v. Edwards

Citation: 2020 Ark. 367

Opinion Date: November 5, 2020

Judge: Womack

Areas of Law: Government & Administrative Law

The Supreme Court affirmed the judgment of the circuit court dismissing Plaintiff's complaint alleging that the Washington County Court order reducing the number of townships and constable positions from fifteen positions to three was illegal because constable positions may be changed only by a direct vote of the people, holding that the circuit court did not abuse its discretion. Plaintiff's argument for reversal centered on the legality of the county court order, challenging only the legality of the county court order. The Supreme Court affirmed, holding that the order was legal as a matter of law and could not support a claim for relief.

Douglas Companies, Inc. v. Walther

Citation: 2020 Ark. 365

Opinion Date: November 5, 2020

Judge: Wynne

Areas of Law: Tax Law

In this tax refund case centering on Arkansas's excise tax on tobacco products other than cigarettes the Supreme Court affirmed the judgment of the circuit court granting summary judgment for the Director of the Arkansas Department of Finance and Administration (DF&A) and dismissing Plaintiffs' claims for refund, holding that the circuit court did not err in denying Plaintiffs' motion for summary judgment and granting DF&A's cross-motion for summary judgment. Plaintiff, seven companies that alleged that they overpaid Other Tobacco Products (OTP) taxes from 2011 through 2013, filed suit under the Arkansas Tax Procedure Act, Ark. Code Ann. 27-18-406, seeking declaratory relief in the form of a judgment that they overpaid OTP taxes. The circuit court dismissed Plaintiffs' claims for refund. The Supreme Court affirmed, holding that Plaintiffs were not entitled to a full or partial refund of the $3,223,200 they paid in excise taxes to the state during the time period in question.